On April 25, 2025, China’s State Administration for Market Regulation (SAMR) released the draft Regulations on the Protection of Trade Secrets for comment (商业秘密保护规定(征求意见稿)). Comments are due May 25, 2025. This draft updates the 1998 version with necessary revisions due to the march of technology. As explained by SAMR: The revision and promulgation of the “Regulations on the Protection of Trade Secrets” is an urgent need to adapt to the new situation and new challenges of trade secret protection. With …
Category: New Law, Rule or Implementing Regulation
CNIPA Reminds Applicants Not to Include Political Content in Patent Applications
On April 11, 2025, China’s National Intellectual Property Administration (CNIPA) issued the Business Reminder on Further Standardizing the Requirements for Drafting Patent Application Documents (关于进一步规范专利申请文件撰写要求的业务提醒). The Reminder states that the background section of the specification specifically should not introduce political content not directly related to the technology and only use official maps from China’s Ministry of Natural Resources “to ensure accuracy, legality and authority of the map.” However, this represents difficulties for foreign applicants as the Ministry’s map website appears …
China Releases Draft Implementation Measures for the Protection of Drug Trial Data Including Data Exclusivity for Foreign-Originated Drugs
On March 19, 2025, China’s National Medical Products Administration (NMPA) released Implementation Measures for the Protection of Drug Trial Data (Trial, Draft for Comments) (药品试验数据保护实施办法(试行，征求意见稿))and Working Procedures for the Protection of Drug Trial Data (Draft for Comments) (药品试验数据保护工作程序(征求意见稿)) that provides up to 6 years of data exclusivity of clinical trial data required to be submitted to the NMPA to prove safety and efficacy of a new drug to prevent generic drug manufacturers from relying on this data in their own …
Regulations on the Implementation of the Anti-Foreign Sanctions Law of the People’s Republic of China – Foreign-Owned Intellectual Property Can Be Seized
On March 23, 2025, the State Council of the People’s Republic of China promulgated the Regulations on the Implementation of the Anti-Foreign Sanctions Law of the People’s Republic of China (实施〈中华人民共和国反外国制裁法〉的规定). Article 7 of the Regulations specifically allows for the seizure of intellectual property of those that “directly or indirectly participate in the drafting, decision-making, or implementation of the discriminatory restrictive measures in Article 3 of Anti-Foreign Sanctions Law.” Paragraph 2, Article 3 of the Law reads, “Where foreign nations …